In our first issue, we included a comparative review that comparedhow the Prospectus Directive had been implemented in variousEuropean Economic Area (EEA) Member States. That Directive setsout the requirements for initial disclosure, through a prospectus,of the information an investor requires to make its initialinvestment decision, when transferable securities are offeredto the public or admitted to an EEA-regulated market. Some 18months later, we turn to the legislative companion piece—theTransparency Obligations Directive or Directive 2004/109/EC(known familiarly as the ‘TD’ or sometimes, butonly outside Germany, as ‘TOD’—in this articlethe abbreviation ‘TD’ will be used throughout).This is an important Directive that is designed to achieve anumber of objectives. First, it recognizes that markets depend on information. Itis not enough that issuers describe their business and financialposition to the market only when they ask for new money by issuingsecurities. . . . [Full Text of this Article]   1. Introduction2. Regulated informationRegulated information under French lawLanguage of the regulated informationEffective and complete distribution3. Periodic informationReports on financial informationOther information4. Ongoing informationInformation about major holdingsInformation for holders of securities   1. Introduction2. State of origin concept and domestic issuer concept3. Periodic information requirementsGeneralResponsibility and liability for periodic information4. Ongoing information requirements5. Summary   1. Introduction: the legal context2. Key points of implementation in ItalyThe Italian liability regime for market disclosure3. Concluding summary   1. Introduction2. Competent authority3. Liability4. Jurisdictional scope of liability5. Responsibility6. Major shareholdings   1. Introduction2. Periodic information requirementsAnnual financial statementsHalf-yearly financial statementsInterim management statements and quarterly financial statementsLiability3. Ongoing information requirementsImportant participations notificationVoting rights modification notificationNotification and publication procedureOwn sharesAdditional (general) information obligations of issuers of shares4. Competent authorityNotification of the CSSFAdditional information and sanctionsThird country exemption5. Language and media6. Timing7. Conclusion   1. Introduction2. Super-equivalent rules3. Periodical information4. LiabilityIssuerDirectors5. Rules on disclosure of major shareholdings6. Conclusion   1. Introduction2. Law 6/20073. RD 1362Periodic informationResponsibility and liabilityContent of financial reportsInformation on major holdings and own sharesNotification of the acquisition or disposal of major holdingsAcquisition or disposal of a major proportion of voting rightsProcedures for notificationOwn sharesGeneral provisionsAccess to regulated informationLanguagesOther information obligationsRemuneration schemes4. Summary   1. Introduction2. Periodic financial reporting requirementsSuper equivalent applicationOther points to notePeriodic financial reporting and non-UK issuers3. Major shareholding notification regimeSuper equivalent applicationContracts for differenceOther points to noteMajor shareholding notification and non-UK issuers4. Summary  相似文献   
103.
The experience of stress for correction officers: A double-bind theory of correctional stress     
Frances E. Cheek  Marie Di Stefano Miller 《Journal of criminal justice》1983,11(2):105-120
This study investigated the experience of stress for 143 mostly male New Jersey correction officers, including officers from both state and county, of all ranks, and with varying lengths of service. Each filled in a questionnaire eliciting information regarding perceptions of stress in themselves and others, situational and temporal experience of correctional stress, consequences in terms of physical health, emotional and interpersonal relations, and job performance, perceptions of sources of correctional stress, and coping techniques utilized. While objective indicators such as physical illnesses and high divorce rates suggested that the job was indeed a stressful one, the correction officers presented a tough, “macho” image, denying their stress and its consequences, although they were more willing to report stress-related problems in their fellow workers. While they identified officer-inmate interaction as their major situation of stress, they attributed their problems in this area to administrative malfunctions which place them in a classic double-bind predicament in relation to rule enforcement. Their powerlessness in this situation is rendered especially stressful by the macho working personality which the job requires of them.  相似文献   
104.
Sex assessment from carpals bones: discriminant function analysis in a contemporary Mexican sample     
Mastrangelo P  De Luca S  Sánchez-Mejorada G 《Forensic science international》2011,209(1-3):196.e1-196.15
Sex assessment is one of the first essential steps in human identification, in both medico-legal cases and bio-archaeological contexts. Fragmentary human remains compromised by different types of burial or physical insults may frustrate the use of the traditional sex estimation methods, such as the analysis of the skull and pelvis. Currently, the application of discriminant functions to sex unidentified skeletal remains is steadily increasing. However, several studies have demonstrated that, due to variation in size and patterns of sexual dimorphism, discriminant functions are population-specific. In this study, in order to improve sex assessment from skeletal remains and to establish population-specific discriminant functions, the diagnostic values of the carpal bones were considered. A sample of 136 individuals (78 males, 58 females) of known sex and age was analyzed. They belong to a contemporary identified collection from the Laboratory of Physical Anthropology, Faculty of Medicine, UNAM (Universidad Nacional Autónoma de México, Mexico City). The age of the individuals ranged between 25 and 85 years. Between four and nine measurements of each carpal bone were taken. Independent t-tests confirm that all carpals are sexually dimorphic. Univariate measurements produce accuracy levels that range from 61.8% to 90.8%. Classification accuracies ranged between 81.3% and 92.3% in the multivariate stepwise discriminant analysis. In addition, intra- and inter-observer error tests were performed. These indicated that replication of measurements was satisfactory for the same observer over time and between observers. These results suggest that carpal bones can be used for assessing sex in both forensic and bio-archaeological identification procedures and that bone dimensions are population specific.  相似文献   
105.
Advantage of affinity histochemistry combined with histology to investigate death causes: indications from sample cases     
Bacci S  DeFraia B  Romagnoli P  Bonelli A 《Journal of forensic sciences》2011,56(6):1620-1625
Mast cell histochemistry has been proposed in addition to classic histological methods to estimate the course of traumatic events before and after death. We have addressed the utility of this approach on nine victims of different types of trauma. Sections of wounded skin were stained with hematoxylin and eosin and with fluorescent avidin to tag mast cells. Mast cell numbers were evaluated by both direct and digitalized counts. Intact skin was used as control. The results on mast cells implemented the findings upon hematoxylin and eosin stain and helped to put the wounds and death in chronological sequence. Digitalized morphometry allowed to reduce intra- and inter-observer variation. We conclude that combined histological and histochemical analyses can be of practical use in forensic pathology, that a preliminary setting of the reference values is needed for each laboratory, and that image analysis can be of help for the quantification of the results.  相似文献   
106.
Sex assessment from the carpals bones: discriminant function analysis in a 20th century Spanish sample     
Mastrangelo P  De Luca S  Alemán I  Botella MC 《Forensic science international》2011,206(1-3):216.e1-216.10
Sex assessment is one of the first essential steps in human identification, in both medico-legal cases and bio-archaeological contexts. Fragmentary human remains compromised by different types of inhumation or physical insults may frustrate the use of the traditional sex estimation methods, such as the analysis of the skull and pelvis. Currently, the application of discriminant functions to sex unidentified skeletal remains is steadily increasing. However, several studies have demonstrated that, due to variation in size and patterns of sexual dimorphism, discriminant function equations are population-specific [1,2,5,12,61]. In this study, in order to improve sex assessment from skeletal remains and to establish population-specific discriminant functions, the diagnostic values of the carpal bones were considered. A sample of 100 individuals (50 males and 50 females) of known sex and age was analyzed. They belong to a 20th century identified collection from the Municipal Cemetery of "San José", Granada (Spain) and housed in the Laboratory of Anthropology, Faculty of Medicine, University of Granada (Spain). The age of the individuals ranged between 22 and 85 years. Between four and nine measurements of each carpal bone were performed [41,59]. Discriminant function statistics showed a sex assessment accuracy as high as 97.8%. The results suggest that carpal bones can be used for assessing sex in both forensic and bio-archaeological identification procedures.  相似文献   
107.
A review of the evolution and state of transboundary freshwater treaties     
Mark Giordano  Alena Drieschova  James A. Duncan  Yoshiko Sayama  Lucia De Stefano  Aaron T. Wolf 《International Environmental Agreements: Politics, Law and Economics》2014,14(3):245-264
Internationally shared basins supply 60 % of global freshwater supply, are home to about 1/3 of the world’s population, and are focal points for interstate conflict and, as importantly, cooperation. To manage these waters, states have developed a large set of formal treaties, but until now these treaties have been difficult to access and systematically assess. This paper presents and makes publicly available the assembly and organization of the largest known collection of transboundary water agreements in existence. We apply for the first time a “lineage” concept to differentiate between independent agreements and groups of legally related texts, spatially reference the texts to a global basin database, and identify agreement purposes, goals and a variety of content areas. The 688 agreements identified were signed between 1820 and 2007 and constitute 250 independent treaties which apply to 113 basins. While the scope and content varies widely, these treaties nominally govern almost 70 % of the world’s transboundary basin area. In terms of content, treaties have shifted from an earlier focus on regulation and development of water resources to the management of resources and the setting of frameworks for that management. While “traditional” issues such as hydropower, water allocation and irrigation are still important, the environment is now the most commonly mentioned issue in treaty texts. Treaties are also increasingly likely to include data and information sharing provisions, have conflict resolution mechanisms, and include mechanisms for participation beyond traditional nation-state actors. Generalizing, treaties have become more comprehensive over time, both in the issues they address and the tools they use to manage those issues cooperatively.  相似文献   
108.
American military presence in Europe     
Stefano Silvestri 《The international spectator : a quarterly journal of the Istituto affari internazionali》2013,48(1):15-40
Despite the efforts put into negotiations, they have created a self-perpetuating cycle of disappointment, frustration and empty dialogue. With contradictory Palestinian and Israeli agendas – Palestinians negotiating for an independent state, an end to occupation, etc., and Israel negotiating primarily over security concerns – one must question the reason behind prolonged negotiations. Is US mediation, accused by many of extreme bias towards Israel, to blame? Or are negotiations an Israeli objective to execute a particular political agenda? In spite of the international community's recognition of establishing an independent Palestinian state, the current reality on the ground undermines any creation of one. This reality was allowed only by the strategic prolonging of negotiations. A particular focus on the proceedings following the Oslo Accords explains how Palestinian--Israeli negotiations have been used to pursue a specific objective.  相似文献   
109.
Italy's Mediterranean role     
Stefano Silvestrl 《The international spectator : a quarterly journal of the Istituto affari internazionali》2013,48(2):87-94
ABSTRACT

Three main drivers underlie states’ intent to expand gas supply: energy security, geopolitics and climate goals. Such considerations also drive Greece’s expansive gas policy, but come with significant caveats. First, pipeline politics entails geopolitical costs and inflated anticipated gains. Second, while gas supply has yielded energy security for Greece, its cost-effectiveness is contentious. Third, the gas option obscures the transition to smart, clean energy sources and systems. A rational actor model within a rationalist-weak cognitivist framework can account for Greece’s gas policy. Yet, its limited success points to the need for a clean energy policy promising higher climate, energy and geopolitical gains.  相似文献   
110.
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101.
An Italian judge, following earlier suggestions of the national antitrust Authority, has referred to the Court of Justice for a preliminary ruling under Article 234 EC Treaty two questions on the interpretation of Articles 81 and 86 of the EC Treaty. With those questions, raised in an action brought by a self‐employee against the Istituto Nazionale per l'Assicurazione contro gli Infortuni sul Lavoro (INAIL) concerning the actor's refusal to pay for social insurance contributions, the Tribunale di Vicenza has in summary asked the Court of Justice whether the public entity concerned, managing a general scheme for the social insurance of accidents at work and professional diseases, can be qualified as an enterprise under Article 81 EC Treaty and, if so, whether its dominant position can be considered in contrast with EC competition rules. This article takes this preliminary reference as a starting point to consider in more general terms the complex constitutional issues raised by what Ge´rard Lyon‐Caen has evocatively called the progressive ‘infiltration’ of EC competition rules into the national systems of labour and social security law. The analysis is particularly focused on the significant risks of ‘constitutional collision’, between the ‘solidaristic’ principles enshrined in the Italian constitution and the fundamental market freedoms protected by the EC competition rules, which are implied by the questions raised in the preliminary reference. It considers first the evolution of ECJ case law—from Poucet and Pistre to Albany International BV—about the limits Member States have in granting exclusive rights to social security institutions under EC competition rules. It then considers specularly, from the Italian constitutional law perspective, the most recent case law of the Italian Constitutional Court on the same issues. The ‘contextual’ reading of the ECJ's and the Italian Constitutional Court's case law with specific regard to the case referred to by the Tribunale di Vicenza leads to the conclusion that there will probably be a ‘practical convergence’in casu between the ‘European’ and the ‘national’ approach. Following the arguments put forward by the Court of Justice in Albany, the INAIL should not be considered as an enterprise, in line also with a recent decision of the Italian Constitutional Court. And even when it was to be qualified as an enterprise, the INAIL should in any case be able to escape the ‘accuse’ of abuse of dominant position and be allowed to retain its exclusive rights, pursuant to Article 86 of the EC Treaty. This ‘practical convergence’in casu does not, however, remove the latent ‘theoretical conflict’ between the two approaches and the risk of ‘constitutional collision’ that it implies. A risk of a ‘conflict’ of that kind could be obviously detrimental for the European integration process. The Italian Constitutional Court claims for herself the control over the fundamental principles of the national constitutional order, assigning them the role of ‘counter‐limits’ to the supremacy of European law and to European integration. At the same time, and more generally, the pervasive spill over of the EC market and competition law virtually into every area of national regulation runs the risk of undermining the social and democratic values enshrined in the national labour law traditions without compensating the potential de‐regulatory effects through measures of positive integration at the supranational level. This also may contribute to undermine and threaten, in the long run, the (already weak) democratic legitimacy of the European integration process. The search for a more suitable and less elusive and unilateral balance between social rights and economic freedoms at the supranational level should therefore become one of the most relevant tasks of what Joseph Weiler has called the ‘European neo‐constitutionalism’. In this perspective, the article, always looking at the specific questions referred to the Court of Justice by the Tribunale di Vicenza, deals with the issue of the ‘rebalance’ between social rights and economic and market freedoms along three distinct but connected lines of reasoning. The first has to do with the need of a more open and respectful dialogue between the ECJ and the national constitutional courts. The second is linked to the ongoing discussion about the ‘constitutionalization’ of the fundamental social rights at the EC level. The third finally considers the same issues from the specific point of view of the division of competences between the European Community and the Member States in the area of social (protection) policies.  相似文献   
102.
Dr Axel Gehringer Hengeler Mueller Stefano Cuccia Head of Market Supervision, TLX, Milan David Byers McCann FitzGerald, Solicitors, Dublin Henri Wagner and Anne-Marie Thomas Allen & Overy, Luxembourg Petra Zijp and Matthieu van Straaten NautaDutilh NV, Amsterdam José Manuel Cuenca and Yolanda Azanza Clifford Chance Daniel Bushner and Jonathan Parry Ashurst, London The first 150 words of the full text of this article appear below.
   Editor's Note    France    Germany    Italy    Ireland    Luxembourg    The Netherlands    Spain    United Kingdom
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